Determine whether a Pennsylvania bank account falls under the $20,000 small‑estate threshold
Detailed answer — how to verify the account value and whether it qualifies for Pennsylvania’s small‑estate process
This guide explains, in plain language, the practical steps to confirm whether a decedent’s bank account (and other probate‑subject personal property) is low enough to use Pennsylvania’s simplified small‑estate procedures. It assumes you start with no legal experience. This is a general process overview — banks, county courts, and statutes set the final rules and the exact required forms vary by county.
Overview of the basic idea
Many simplified procedures let a family collect small amounts of money without opening a full probate estate. To use those simplified procedures you must show (1) which assets are subject to probate (not already owned jointly or payable to a beneficiary), and (2) that the total value of those probate‑subject assets is at or below the state’s small‑estate dollar limit. In Pennsylvania, whether an account qualifies depends on the account ownership type, beneficiary designations, and the balance (usually measured at date of death or the bank’s final accounting).
Step‑by‑step checklist
- Get a certified death certificate. Courts and banks will require one or more certified copies.
- Gather account records. Collect the decedent’s recent bank statements, check registers, online account access (usernames/passwords, if available), and any bank correspondence. If you can’t locate statements, note the bank name and account type.
- Determine ownership and beneficiary designations. For each account, ask whether it is:
- Solely in the decedent’s name (probate subject)
- A joint account with rights of survivorship (typically passes to the surviving joint owner and usually is not part of probate)
- Payable‑on‑death (POD) or “In Trust For” (ITF) naming a beneficiary (usually not part of probate)
- Held in a trust (not part of probate if properly funded)
If an account passes by survivorship or POD, it usually does NOT count toward the small‑estate total.
- Ask the bank for the date‑of‑death balance or a final statement in writing. Many banks will provide a written statement of the account balance at date of death or a final accounting of funds. Request this in writing (email or letter) and keep a copy. The small‑estate process typically uses the amount of probate‑subject assets at date of death.
- Add up probate‑subject personal property. Include all sole‑name bank accounts, cash, and other tangible personal property that would be governed by probate. Do NOT include assets that pass outside probate (joint accounts with survivorship, properly designated beneficiaries on retirement accounts or life insurance, and trust assets). If the combined probate‑subject total is at or below the small‑estate limit you intend to use, you may be eligible for the simplified process.
- Consider outstanding debts, liens, or pending checks. If the account had overdrafts, outstanding checks, or the decedent owed creditors that can be satisfied from that account, talk to the bank about whether those amounts affect what the bank will release. The bank’s written statement should clarify the available balance and any holds.
- Contact the bank’s estate or probate department. Ask what documents the bank requires to release funds under the small‑estate process. Banks often insist on:
- Certified death certificate
- A small‑estate affidavit or other county form
- Valid photo ID of the person seeking the funds
- Bank‑specific release forms
Banks’ internal policies differ. A bank may still require full probate even when the estate is small.
- Check county requirements or the Register of Wills/Orphans’ Court. County procedures for simplified collection vary. Call or visit the local Register of Wills or Orphans’ Court (or the county probate office) for county‑specific forms and filing rules.
Common documentation you may need to collect funds
- Certified copy of the decedent’s death certificate
- A small‑estate affidavit or county affidavit form (if your county uses that procedure)
- Written bank statement showing the date‑of‑death balance
- Photo I.D. of person collecting funds
- Proof of relationship or beneficiary designation, when required
What counts toward the $20,000 limit (and what usually does not)
Typically included (count these when totaling probate‑subject assets):
- Sole‑name checking and savings account balances
- Cash and tangible personal property that would need probate to change ownership
Typically excluded (don’t count these toward the small‑estate threshold because they pass outside probate):
- Joint accounts that automatically pass to the surviving owner
- POD/ITF accounts that name a beneficiary
- Life insurance and retirement accounts with valid named beneficiaries
- Assets already held in a living trust
If the bank or county says the estate exceeds the limit
If total probate‑subject assets exceed the small‑estate limit, the estate will likely require formal administration. That means opening probate or having the Register of Wills appoint an executor or administrator. At that point you will need to follow the county’s probate process and timelines.
When to talk to an attorney
Seek legal help if ownership is unclear (for example, a disputed joint account), if the bank refuses to release funds despite a small total, if large creditor claims exist, or if the estate includes real property or complex assets. An attorney can advise whether the simplified route applies and can prepare and file affidavits or petitions when necessary.
Important: Banks and counties often have different forms, document requirements, and interpretations. Getting a written, dated statement from the bank about the account balance and whether they will honor a small‑estate affidavit will save time.
Disclaimer: This is general information, not legal advice. For advice about your specific situation, contact a Pennsylvania attorney or the county Register of Wills/orphans’ court.
Helpful hints — practical tips to speed verification and collection
- Call the bank’s estate or legal department early and ask exactly what they need to release funds under a small‑estate affidavit.
- Get at least two certified copies of the death certificate — banks and government offices often require originals or certified copies.
- If you can, obtain electronic or printed account statements that show the last activity and balance near date of death.
- Ask the bank in writing for the “balance as of [date of death]” and whether there are holds or pending transactions that affect disbursement.
- Confirm whether the account is truly sole‑name. Sometimes statements show a joint name or a beneficiary in fine print.
- Remember that retirement accounts and life insurance usually bypass probate if a beneficiary is named; check beneficiary designations.
- Keep thorough records: copies of correspondence, written confirmations from the bank, and receipts for funds collected.
- If you encounter resistance from a bank, bring any county affidavit form or a letter from the Register of Wills that explains local procedures.
- Contact your county Register of Wills or Orphans’ Court for county‑specific forms and guidance. The Pennsylvania Courts site (https://www.pacourts.us/) has links to local court and clerk contact information.
- When in doubt, get a short consult with a local probate attorney. Many attorneys will do an initial review and tell you whether a simplified procedure is realistic.